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The Specific Relief Act, 1877

( ACT NO. I OF 1877 )

Chapter I

OF RECOVERING POSSESSION OF PROPERTY

(a) Possession of Immovable Property

Recovery of specific immoveable property
8. A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure.
Suit by person dispossessed of immoveable property
9. If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other title that may be set up in such suit.
 
 
 
 
Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
 
 
 
 
No suit under this section shall be brought against the Government.
 
 
 
 
No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
 
 

(b) Possession of Moveable Property

Recovery of specific moveable property
10. A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the Code of Civil Procedure.
 
 
 
 
Explanation 1 - A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled.
 
 
Explanation 2 - A special or temporary right to the present possession of property is sufficient to support a suit under this section.
 
 
 
 
Illustrations
 
 
 
 
(a) A bequeaths land to B for his life, with remainder to C. A dies. B enters on the land, but C, without B's consent, obtained possession of the title-deeds. B may recover them from C.
 
 
 
 
(b) A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody.
 
 
 
 
(c) A receives a letter addressed to him by B. B gets back the letter without A's consent. A has such a property therein as entitles him to recover it from B.
 
 
 
 
(d) A deposits books and papers for safe custody with B. B losses them, and C finds them but refuses to deliver them to B when demanded. B may recover them from C, subject to C's right, if any, under section 168 of the Contract Act, 1872.
 
 
 
 
(e) A, warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A's possession. A may sue B for the goods.
Liability of person in possession, not as owner to deliver to person entitled to immediate possession
11. Any person having the possession or control of a particular article of moveable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:-
 
 
 
 
(a) when the thing claimed is held by the defendant as the agent or trustee of the claimant;
 
 
 
 
(b) when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed;
 
 
 
 
(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;
 
 
 
 
(d) when the possession of the thing claimed has been wrongfully transferred from the claimant.
 
 
Illustrations
 
 
 
 
of clause (a)-
 
 
 
 
A, proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B, without A's authority, pledges the furniture to C, and C, knowing that B had no right to pledge the furniture, advertises it for sale. C may be compelled to deliver the furniture to A, for he holds it as A's trustee.
 
 
 
 
of clause (b)-
 
 
 
 
Z has got possession of an idol belonging to A's family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A.
 
 
 
 
of clause (c)-
 
 
 
 
A is entitled to a picture by a dead painter and a pair of rare China vases. B has possession of them. The articles are of too special a character to bear an ascertainable market value. B may be compelled to deliver them to A.
 
 

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Ministry of Law, Justice and Parliamentary Affairs